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Required to prove their innocence
- Defendants in court who plead Not Guilty are required to prove their innocence in order to obtain an acquittal. Simply disproving the prosecution's evidence is insufficient for an acquittal unless the defendant also affirmatively proves their innocence.
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Our role is to prove, based on the evidence, that the defendant is guilty. The defence doesn’t need to prove that the defendant is innocent. First the prosecution and then the...
Pleading not guilty means that you say you didn’t do the crime. Or that you did, but you had an excuse which the law recognises as a defence. The court will then have a trial to decide whether you’re guilty.
If you plead not guilty, you have to go to court in person to plead your case. So many magistrates’ courts have closed that it may be a four hour round trip to reach the nearest one. You will get no legal aid in such cases so will have to represent yourself.
Oct 6, 2023 · Each year, about 40% of those who plead not guilty in courts in England and Wales are acquitted. In the year to March 2023, 31,000 people entered not-guilty pleas and, of these, 12,000...
- Introduction
- The State of The Art in The Scholarship
- The State of The Art in The Courts
- Burdens of Proof in Criminal Justice
- The Presumption of Innocence as A Fact-Finding Safeguard
- Human Rights Protection: Not A Prerogative of Substantivism
- Acknowledgements
During the last decade the presumption of innocence has been at the centre of a lively scholarly debate in England. The Human Rights Act 1998 transposed into English law art. 6(2) of the European Convention on Human Rights (ECHR), stating that ‘[e]veryone charged with a criminal offence shall be presumed innocent until proved guilty according to la...
David is charged with possessing an imitation firearm that is readily convertible into a firearm ‘so designed or adapted that two or more missiles can be successively discharged without repeated pressure on the trigger’. The offence is constructed by combining section 5(1)(a) of the Firearms Act 1968 with sections 1(1) and 1(2) of the Firearms Act ...
After providing an essential taxonomy of the main normative theories developed in the scholarship, it is time to consider how the approach of the courts may be classified. As was noted in the Introduction, finding coherence in the way in which courts have understood and applied the presumption of innocence is no easy task, to say the least. In what...
This and the following section advance some arguments in favour of restrictive proceduralism as the only theory compatible with the Convention. The other theories discussed above—including the courts’ two-tiered approach—are shown to be conceptually inadequate, being unable to express the presumption as is laid down in art. 6(2) ECHR. In the absenc...
The presumption of innocence set in art. 6(2) ECHR, far from requiring the State to put forward reasons for criminalization, establishes the absence of responsibility of the defendant for already criminalized behaviour as the state of affairs constituting the starting point of fact finding. The reasons for setting this status quo pertain to the jus...
In R. v G Lord Hope wrote that ‘when article 6(2) [ECHR] uses the words “innocent” and “guilty” it is dealing with the burden of proof regarding the elements of the offence and any defences to it. It is not dealing with what those elements are or what defences to the offence ought to be available’.62This statement is perfectly in line with the unde...
I am grateful to Mike Redmayne, Paul Roberts, David Ormerod, and David Kershaw for comments on earlier drafts.
- Federico Picinali
- 2014
It all seems a bit unfair if you are a defendant - the prosecution must prove it’s case but yet you will be penalised for not pleading guilty (by way of reduced credit) before you receive the evidence against you.
A plea hearing is when the court clerk reads out the list of offences the defendant has been charged with and asks the defendant to plead ‘guilty’ or ‘not guilty’. If the case is ready this...
